How to Sign Legal Documents as Power of Attorney

A power of attorney is a way of transferring the legal ability to sign
documents from one person to another. This need may often become
necessary when people become incapacitated or when they are in any other
respect unable to sign documents for themselves. A “power of attorney
in fact” ensures that only specifically designated individuals can take
care of financial papers or other  important matters if it becomes
necessary.  Using a power of attorney to sign papers on someone else’s behalf
is a serious responsibility with serious ramifications. You should
ensure that you understand what the individual wants you to handle
before he or she hands over power to sign on their interests.

Reason You Might Need A Power of Attorney
Individuals commonly require the legal power of attorney to sign documents on another person’s behalf for a number of reasons.

· You may need to sign documents for an incapacitated spouse regarding
property matters. Some institutions may not deal with a spouse on legal
matters unless he or she has a power of attorney.

· You may have an aging parent that requires you to take over their
financial affairs because of physical disability or mental incapacity

· You may be asked to take care of the financial affairs of a family
member or close friend that must be out of the country for a period of
time.

· Individuals may wish to avoid the possibility of a court appointing a
guardian to manage their affairs in unexpected circumstances in which
they are incapacitated.

Acquiring A Power of Attorney
Each state has its own rules regarding the transfer of power of attorney
to another individual. A number of sites provide appropriate legal
forms for your state that you can download for use. Generally, a simple
power of attorney form
must be filled out, notarized and signed by one
or two witnesses in order to comply with the laws. Other requirements
may also be necessary, depending on the statutes in your state. Power of
attorney forms should always be stored in a safe place so you can
access them easily when necessary.

Signing Documents With A Power of Attorney
In most cases, you will be required to provide a copy of the power of
attorney to the institution to ensure that the correct legal procedures
have been followed. You may wish to keep a number of copies of the Power
of Attorney document on hand so that you can provide it, as needed, in
various circumstances. You can then sign the document on behalf of the
person for which you have been designated the legal agent in complete
compliance with the law.  You can only sign documents for which the
individual has approved you to sign. Any violation of the understanding
between the two individuals is illegal and may be cause for criminal
prosecution.

Having the power of attorney to sign documents for another individual is
a serious responsibility that should be undertaken with appropriate
care. The power of attorney should only be given to someone who has the
complete trust of the individual.

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via How to Sign Legal Documents as Power of Attorney

15 things to know about auctions and guns

15 things to know about auctions and guns

I interact with thousands of auctioneers throughout each year. Almost all my close friends are auctioneers.

I enjoy auctioneer conventions — and the like — more than almost any other “get-away.”

Of various topics discussed at such get-togethers, selling guns at auction is certainly explored. In concert with selling guns, the overall laws and rules, political winds, and court rulings are often talked about as well.

Given President Obama’s recently discussed executive actions, this seemed like a great time to explore some gun facts as well as a few gun myths.

Current laws, court rulings, prevailing legal standings and the President’s executive actions (proposed on January 5, 2016) suggest the following:

If an auctioneer is “engaged in the business” of selling firearms, he or she (or that business entity) needs to licensed as a Federal Firearms License.
The sole circumstance where an auctioneer selling guns would not be considered engaged in the business appears to be an occasional onsite auction where a single unique seller maintains control and possession of all the guns at that location from prior to the auctioneer’s involvement through delivery to the buyers (constituting the auctioneer assisting with private sales.)
This single-seller allowance (#2 above) could as well involve a single unique seller who is a Federal Firearms Licensee who owns all the guns being sold at auction.
Auctioneers licensed as Federal Firearms Licensees must notify law enforcement about the theft or loss of guns.
Any auctioneer deemed engaged in the business of selling firearms lacking a Federal Firearms License is subject to prison time and/or fines.

Here are our answers to the top five most common questions auctioneers seem to have:

Q. Can I as an auctioneer without a Federal Firearms License take guns in on consignment and secure a Federal Firearms Licensee to handle all the necessary background checks?
A. No.
Q. Can I as an auctioneer without a Federal Firearms License have my seller bring the guns to my auction facility and stay with them until they are sold, with the seller handing them to the buyers?
A. No.
Q. Can I as an auctioneer without a Federal Firearms License have guns from more than one unique seller at the same auction?
A. No.
Q. Can I as an auctioneer without a Federal Firearms License repeatedly sell guns from the same seller?
A. No.
Q. Can I as an auctioneer without a Federal Firearms License have my seller (or sellers) execute a Power of Attorney thus portraying me as the owner of the guns for purposes of selling guns at auction?
A. No.

And finally, here are my thoughts on some of the myths found regularly on social media and elsewhere:
Q. Can states enact law which invalidates some or all of the federal laws regarding guns?
A. No. Per the Supremacy Clause of the Constitution, federal law is superior to state law, and that under Article III of the Constitution, the federal judiciary has the final power to interpret the Constitution. Therefore states cannot enact laws in conflict with federal law even by citing the federal statute as unconstitutional.
Q. Can states enact law which says they will not enforce or not devote any resources to enforcing some or all of the federal laws regarding guns?
A. Probably. The anti-commandeering doctrine is thought to hold that the federal government cannot force states to help implement or enforce any federal act or program.
Q. Can states enact more restrictive laws in addition to the federal laws which effect the sale of guns within their borders?
A. Yes; for instance states or other political subdivisions can require gun registration, licensing, permits, police registry, etc. However, the Supreme Court has held that no law in the United States can cause an undue burden on the Second Amendment’s right to keep and bear arms.
Q. If a gun buyer buys a gun at auction where a background check is to be completed, but has a concealed carry permit (CDWL, CWP, CWL, CCP, CCL, LTC, LTFC, CCDW, CPL or the like) is a background check necessary?
A. Maybe. A Federal Firearms Licensee may or may not use the concealed carry status as an alternative to the background check requirements. Further, even if the concealed carry permit is used as an alternative to the background check requirements, an ATF Form 4473 is still utilized to record the transaction.
Q. Is the government and/or the President coming to take my guns away, and/or is there a plan to confiscate all guns in the United States?
A. Unlikely. There is no evidence that anyone with the federal government is coming to take anyone’s guns (outside of current law) nor confiscate all guns in the United States. With over 300 million guns in the United States, such a task seems well beyond the federal government’s capability.

It may be prudent to say again that the penalties for “engaging” without a license include prison time and/or fines. On the other hand, a three-year Dealer (01) license is only $200 and then $90 to renew it every three years thereafter.

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